My father passed away last year and left everything to my 2 brothers and I to be split equally between the 3 of us. He has property in Florida which 1 of my brothers and I have been paying the expenses on but the other brother has not contributed a dime for anything. Our estate attorney tells us there isn't anything we can do to get our share of the money back that he owes us. We are selling his RV, car and home so can we hold back what he owes us on any of the sales? It doesn't seem right we have to cover all the expenses when he is responsible for 1/3.
2 Answers from Attorneys
My experience in similar situations suggests that an agreement between beneficiaries
as to proper share of the estate is best, if all will cooperate. A beneficiary can raise the
issue in probate court especially if the expenses were paid after the death of your
father, but a family dispute in probate court should be avoided if possible.
Not true - all expenses can be added to the distribution costs and when the funds are finally at the point of distribution you can deduct his portion of the expenses and then give him the balance of his share. Just be sure you have all the receipts for what you have had to pay out.
Your attorney should know this. Is there some reason he is not advising you on this?
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